1. Minimum Requirements
Besides usual formal necessities of every single contract/agreement (such as sufficiently precise identification of parties to the contract, certainty, clarity etc.) an employment contract must include only these three necessities:
- the type of work that is to be performed by the employee for the employer;
- the place or places of performance of work, where the work is to be performed;
- the date of commencement of work.
2. Fixed/Open-ended Contracts
An employment contract shall automatically exist for an indefinite term unless its specific term has been explicitly agreed. The duration of an employment contract for a fixed term between the same contracting parties must not exceed 3 years and may be repeated twice at most from the date of commencement of the first employment contract for a fixed term.
Employment agreements may be entered into for a fixed-term provided that there are serious operational reasons, or reasons consisting in the special nature of the work, which would make it unreasonable to require an employer to propose establishing an employment law relationship for an indefinite term with the employee who is to perform such work.
3. Trial Period
Employment contract can provide for a trial period. During this period both the employer and the employee may terminate the employment contract on any grounds or without stating the grounds. However, the employer must not terminate the employment contract during the trial period within the first fourteen calendar days of the employee’s temporary unfitness to work (quarantine).
Where a trial period has been agreed, this period may not exceed:
- 3 consecutive months from the date of commencement of the employment contract;
- 6 consecutive months from the date of commencement of the contract when managerial employee.
4. Notice Period
If notice has been given, the employment contract shall terminate on expiry of the notice period. The notice period must be the same for the employer and the employee and shall equal at least 2 months, with the exception of notice of termination given in connection with the transfer of rights and obligations from employment contract. The notice period may be extended only by agreement between the employer and the employee; such agreement must be made in writing.